RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01817 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Enlisted Performance Report (EPR), rendered for the period 17 Feb 12 through 16 Feb 13, Section IX. Ratee’s Acknowledgement, be corrected to reflect “No” rather than “Yes.” ________________________________________________________________ APPLICANT CONTENDS THAT: The section should have been marked “No” as he did not receive all the required feedback. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in grade of senior airman (E-4). The contested EPR reflects the applicant was provided feedback on 12 Dec 12 and was signed by the rater and the reviewer on 27 Mar 13. On 28 Mar 13, the applicant acknowledged receipt of the contested EPR and that all required feedback had been accomplished during the reporting period. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The applicant has not provided any evidence showing he did not receive the required feedback during the rating period. Furthermore, there was no evidence provided to show that the report was unjust or inaccurate as written. The applicant did not file an appeal through the Evaluation Report Appeals Board (ERAB). Under the provisions of AFI 36- 2406, Officer and Enlisted Evaluation Systems, a report is not erroneous or unfair because the applicant believes it contributed to the lack of counseling or feedback. While Air Force policy requires performance feedback for personnel, a direct correlation between information provided during the feedback session and the assessments on an evaluation report does not necessarily have to exist. For example, if after a positive feedback session, an evaluator discovers serious problems, the evaluator must record the problem in the evaluation report even when it disagrees with the previous feedback. Additionally, a formal feedback does not negate any day-to-day interaction that may include any type of formal feedback/counseling, whether verbal or in writing. Furthermore, the lack of counseling or feedback, by itself, is not sufficient justification to challenge the accuracy or justness of a report. Evaluators must confirm that they did not provide counseling or feedback, and that this directly resulted in an unfair evaluation. Raters are required to conduct a feedback session with the ratee after all evaluators have signed the evaluation. The evaluation was completed within the regulatory Air Force requirements. Although the applicant may feel that this was an injustice, he did not provide sufficient evidence to prove that the evaluator was in direct violation of the AFI. An evaluation report is considered to represent the rating chain's best judgment at the time it is rendered. Air Force policy is that once a report is accepted for file, only strong evidence to the contrary warrants correction or removal from an individual's record. The burden of proof is on the applicant. The applicant has not substantiated that the contested report was not rendered in good faith by all evaluators based on knowledge available at the time. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 12 May 14 for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has not exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. In this respect, we note the Air Force office of primary responsibility has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued, the Evaluation Reports Appeal Board (ERAB). In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted. Therefore, in view of the above, we find no compelling basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01817 in Executive Session on 10 Jun 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149s, dated 10 Apr 13 and 24 Apr 13, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPSID, dated 11 Apr 14. Exhibit D. Letter, SAF/MRBR, dated 12 May 14. 1 2